logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 창원지방법원마산지원 2017.09.13 2017가단1243
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) deliver the third floor of 141.8 square meters among the buildings listed in the attached list;

B. 2,00,000 won and August 2017

Reasons

1. Facts of recognition;

A. On February 2015, the Defendant issued an order 1-A, which is owned by Nonparty C from Nonparty C.

An agreement was made with C to reduce the rent of KRW 2 million, monthly rent of KRW 300,000 (prepaid on February 15, 2015 to February 14, 2017 (hereinafter “instant lease agreement”), and to reduce the rent of KRW 250,000 between C and C.

B. On March 28, 2016, the Plaintiff purchased the instant real estate from C, and completed the registration of ownership transfer on May 16, 2016.

C. From December 15, 2016 to March 14, 2017, on the ground that the instant lease contract was terminated due to the three-year grace period from December 15, 2016, a copy of the instant complaint seeking delivery of the instant real estate, overdue rent, and unjust enrichment against the Defendant was served on the Defendant on April 13, 2017.

Since February 15, 2017, the Defendant occupies and uses the instant real estate, and is ratified as KRW 250,000 per month the monthly rent of the instant real estate after February 15, 2017.

[Reasons for Recognition] Facts without dispute, obvious facts in record, entries in Gap evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings

2. As to the cause of the claim

A. According to the above facts, it is reasonable to view that the instant lease contract was terminated upon the expiration of the period of February 14, 2017, or terminated on April 13, 2017 by serving the copy of the complaint of this case on the grounds of three or more times of delinquency.

B. Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff, who is a lessor and owner of the instant real estate, and to pay unjust enrichment at the rate of KRW 2 million per month from December 15, 2016 to August 14, 2017, including overdue rent and unjust enrichment (2.50,000 won x 8 months) and from August 15, 2017 to the completion date of delivery of the instant real estate.

3. As to the defense

A. The Defendant: (a) on December 2016, 2016, the Plaintiff.

arrow